Gautam Tewari & ORS. v. State & ANR.
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1564/2024 GAUTAM TEWARI & ORS.
..... Petitioners Through: Mr.Sanjeev Nasir, Mr.Anurag and Mr.Mansoor Malik, Advocates with petitioners in person versus STATE & ANR.
..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Chanchal and ASI Kailashchand Mr.Jayant Bhatt, Mr.V. Singh, Ms.Sadiya Ali and Mr.M. Bhatt, Advocates for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 27.02.2024 CRL.M.A. 6120/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 1564/2024 1.
By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.409/2021 registered under Sections 498A/406/34 IPC at P.S. Amar Colony, Delhi on the ground that the parties have amicably settled their disputes.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and the petitioner No.1 (husband) whereas petitioner Nos.2 and 3 are the in-laws of the complainant. 3.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim. He further submits that the chargesheet has been filed.
4.
Learned counsels for the parties submit that the parties have settled their dispute on 01.11.2023 before Mediation Centre, Saket Courts, New Delhi. It is further stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 25.01.2024 passed by the Family Court, Saket, Delhi in HMA No.130/2024. It was further agreed that a sum of Rs.45,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No.2. Out of the settlement amount, the balance amount of Rs.15,00,000/- is being paid today vide demand draft bearing No.729371 dated 26.02.2024 drawn on Punjab National Bank, Pitampura, Delhi. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners. 5.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
Respondent No.2 states that she has entered into the aforesaid Compromise Deed with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the demand draft handed over today.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements made in Court today.
9.
In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed subject to encashment of the demand draft handed over today. 10.
The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J FEBRUARY 27, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.